Radiculopathy & sciatica decisions — 2018

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent prior to October 27, 2017 and 20 percent from that date. The Board denied increased ratings for these conditions. Additionally, the TDIU claim was denied as there were no findings indicating the Veteran's condition precluded him from performing work-related tasks in a functionally sufficient manner.

The Board found insufficient evidence to establish a service-connected neurological disorder of the bilateral lower extremities, attributing it to radiculopathy rather than peripheral neuropathy.,The Veteran's bilateral knee arthritis was determined to be related to his period of service due to exposure to Agent Orange.

The Board denied the Veteran's claims for higher ratings for his sciatic neuropathy with lumbar spondylosis and spondylolisthesis, finding that the evidence did not support a rating higher than 40 percent. The claim for increased rating for left lower extremity radiculopathy was remanded.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a new VA examination, and adjudicating the issues of increased ratings for lumbar spine degenerative disc disease and TDIU. The appeal is not about service connection.

The Board has dismissed all service connection claims as the Veteran died during the appeal process.

The Veteran's RLE and LLE radiculopathy were rated at 20 percent since February 9, 2017.

The Veteran's lumbar spine disability and bilateral lower extremity sciatica have been granted a rating of 20 percent, effective from the date of claim. The claims for service connection for right and left lower extremity sciatica are also granted.

The Veteran's panic disorder is rated at 70 percent from April 19, 2011 to March 5, 2012. The rating for lumbosacral strain remains at 40 percent. The ratings for left and right lower extremity radiculopathy remain at 10 percent each. The Veteran is granted TDIU.

The Veteran's left hip strain and right sciatic nerve weakness have been granted initial disability ratings of 20 percent each. The Veteran also has service-connected lumbar spondylosis with IVDS, which is rated at the maximum allowable under VA guidelines.

The Veteran withdrew his appeal for service connection for high cholesterol associated with contaminated water at Camp Lejeune before the Board could make a decision.

The Veteran's claim for an increased rating for lumbosacral degenerative joint and disc disease was denied as his disability did not meet the criteria for a higher rating. The TDIU claim was also denied due to lack of evidence showing he is unable to secure or follow substantially gainful employment.

The Board has remanded the case to obtain additional medical opinions and evidence regarding the Veteran's claims for service connection, including his exposure to Agent Orange. The issues of radiculopathy in the bilateral upper extremities, rheumatoid arthritis and hepatitis B, tinnitus, and depression are all pending.

The VA has determined that the Veteran's service-connected disability evaluations combine to an overall 60 percent rating under the Combined Ratings Table for the appellate period of September 2010 to February 2016.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including a new VA examination to determine the nature and etiology of the Veteran's claimed cervical spine, lumbar spine, and left leg disabilities.

The Veteran's claim for an annual clothing allowance due to the use of a back brace in 2014 is denied as the brace does not qualify under VA regulations.

The Veteran's claims for increased ratings and TDIU were granted, with the initial rating of 40 percent assigned for residuals of a compression fracture of the T-12 with osteoarthritis as of January 13, 2017. The radiculopathy claim was also granted.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Veteran's acquired psychiatric disorder, lumbar spine disability, and sciatica of the right lower extremity are all found to be related to his service. The Veteran's current conditions were not caused by or aggravated by any in-service event.

The Veteran's lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are all rated at their highest possible under VA regulations. The Board finds that these conditions meet the criteria for a 40 percent rating each.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.